Final Order 2

Order Details: Chamber summons
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IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101009/2018
Ravindra Janu Tambe And Anr Vs Dattaram Pandurang Bamne
Date : 17-06-2022
Business : None present for plaintiff. None present for defendant.
Following order is passed on Chamber Summons No.
1009/2018. ORDER Plaintiff has taken out present chamber
summons for allowing them to amend the plaint as per
schedule. Perused the chamber summons, affidavit in
support of same, affidavit in reply of defendant no. 02 and
record. Heard arguments advanced by ld. Advocate for
plaintiff and ld. Advocate for defendant no. 02. The other
defendants were absent and therefore they could not be
heard. From the matter on record, it appears that, plaintiff
has filed the present suit for declaration that sale deed
executed by defendant no. 01 in favour of defendant no. 02
of suit premises is null and void and for possession of the
suit premises. From the affidavit in support of chamber
summons, it appears that, by the proposed amendment
plaintiff wants to introduce the fact of execution of
declaration dt. 20/08/1991 by defendant no. 01 which came
to the knowledge of plaintiff in October/November 2017
and wants to bring on record the said document. Thus, the
proposed amendment is explanatory in nature. The
proposed amendment appears necessary for deciding the
real controversy between the parties. The proposed
amendment is not likely to change the nature of suit. The
proposed amendment is also not likely to cause any
prejudice to the defendants as trial of the suit is yet to
commence. It is settled law that, merits of the amendment
cannot be considered at this stage and delay itself is not a
ground for rejection of the amendment. Therefore, there
appear no substance in the objection of the defendant no.
02. Considering the matter on record and above discussion,
present chamber summons deserves to be made absolute.
Therefore, court proceeds to pass the following order.
ORDER 1) Chamber Summons No. 1009/2018 is made
absolute. 2) Plaintiffs shall carry out amendment in the
plaint as per schedule within fourteen (14) days from the
date of this order. 3) Chamber Summons No. 1009/2018 is
disposed off accordingly. Authenticated copy of Roznama
be given to both the parties if requested. Matter adjourned
for compliance to 05/07/22.
Nature of Disposal : ALLOWED
Disposal Date : 17-06-2022
COURT 08 ADDL SESSIONS JUDGE
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